An Open Letter to America: Why Innocent Until Proven Guilty Matters

Today is a big day for our nation. A former FBI director and sitting president will be under intense scrutiny. If you’re smart, you’ll form your views by reading and watching accounts presented by multiple news outlets — and you’ll use your brain to think deeply. The problem with thinking deeply these days is that very few people are doing it, and our nation is suffering as a result. The cornerstone of the American justice system is fundamentally different from that of other nations. In America, the law says that an individual is innocent until proven guilty. But we have tossed this out the window, and if we don’t correct our course it’s going to come back to haunt us. America will cease to be America. Many of us have let our anger get the best of us — and anger, in the end, leads to destruction.

“I have a respectful reminder for all of us: in America, everyone is innocent until proven guilty. It is not the other way around. If it were, this wouldn’t be America.”

America, it’s time to take a chill pill. How would you like it if you were assumed guilty, and had to prove your innocence or face fines and imprisonment? Thankfully, that is not the way the legal system works in America. Here, the accused are presumed innocent until proven guilty. Remember our Constitution? It still matters here in America. This is why the sixth and seventh amendments to our Constitution are vital. It is up to the accuser(s) to prove guilt. How different America would be if it was the other way around. But wait a minute, isn’t this what many of us are doing? It absolutely is — and it’s killing us. It’s killing what America has been, up until this point.

This is not about defending Mr. Trump. It’s about defending the American way of justice — because this matters for each and every one of us. This matters more than any other time in our history. If we don’t stop our childish nonsense, now, everything will be destroyed — for everyone.

WE ARE EACH INNOCENT UNTIL PROVEN GUILTY: In America, we do not presume guilt, but innocence. Forgetting (or undermining) this approach would fundamentally change everything about our nation.

I understand that many people don’t care for President Trump. I also understand that many people didn’t care for President Obama. I understand that the President is not popular with many — and that he is also very popular among others. You may wonder what I think — but that really doesn’t matter, unless what I believe ends up subverting the American way of justice. Then my opinion would end up doing more damage than good. If this is true for me, it is certainly true for big time journalists, news outlets and politicians.

I have a respectful reminder for all of you and for all of us: in America, everyone is innocent until proven guilty. It is not the other way around. If it were, this wouldn’t be America. By behaving as if the president is guilty until proven innocent, you are behaving as if we live in a communist nation. We don’t — but we certainly will be if you keep up the nonsense. You are killing us.

I understand that America is polarized, that many of us disagree.But we must disagree with diplomacy, tact and maturity, not the nonsensical, emotional partisanship that has taken over as if we were living in a political zombie apocalypse. If your disagreement ends up subverting and undermining the Constitution and the American way of justice, there is no other way to say it: you’re a bigger problem than Mr. Comey or President Trump. Your a bigger problem than the Russians. The world is laughing at all of us, because at the end of the day we’re the ones who have created and are perpetuating this political circus. It’s not entertaining. It’s embarrassing — and dangerous.

If it there is strong suspicion that the president obstructed justice or conspired with the Russians, formal charges will be filed, evidence will be submitted, and he will be tried. He will then be found guilty or innocent. If he is found guilty, I’ll be among those approving of his removal from office. If he is innocent, I’ll be among those encouraging each of us to move on to bigger and better things, for the sake of our great nation and for freedom itself. But until such time, it is incredibly ignorant — and outright dangerous — to presume an individual’s guilt and require him or her to prove their innocence. That’s not the way the American legal system works. Remember that, America, because our distinction as a nation depends upon this fundamental understanding. Someday, your own well-being could depend upon others remembering the same.

It’s time we remember how we do justice here, or we will no longer be America. If that happens, it will be no one’s fault but our own. We would all pay an exceptionally heavy price for letting our emotions, rather than the law of the land, get the best of us. It’s time to straighten up and reverse course before it’s too late. In America, individuals are presumed innocent until proven guilty, and I thank God that it works this way. At least it’s supposed to.

WHAT DO YOU THINK? WHAT IF YOU WERE PRESUMED GUILTY UNTIL YOU COULD PROVE YOUR INNOCENCE? DO YOU REALIZE HOW DANGEROUS THE IDEA OF GUILTY UNTIL PROVEN INNOCENT IS — NOT JUST FOR AN ELECTED OFFICIAL, BUT FOR EACH AND EVERY ONE OF US WHO LOVE AMERICA AND A FAIR JUSTICE SYSTEM?

ABOUT ME: Most of the lessons I’ve learned in life I’ve learned through failure. I typically publish my blogs Tuesday through Friday, here and on Facebook. We welcome and read comments from readers just like you because they help us (and others) think and grow. Don’t be shy. Chime in.

It certainly is a season of edge-of-your-seat political drama in our
country these days. I see you’re mixing and mingling with a powerful crowd which must be a heady experience for you (a long way from good ‘ol Portland, Oregon, huh?). I respectfully submit that your post is a bit off-topic from what is
happening on Capitol Hill this week. (Again, I acknowledge that you are no doubt closer to the action and players involved.)

So, please consider a couple of points:

First, American citizens cannot infringe the rights that are protected
in the Bill of Rights. Those protections are given to protect us from the power of the government. We cannot violate someone’s 6th or 7th Amendment protections unless we had the power to put someone on trial and in jail.

Two, it is incumbent on us as citizens to discuss and debate the
decisions, actions and policies of our elected officials. Hopefully we do it in an informed manner. That is the gist of the 1st Amendment’s protections of free speech and free press. Those rights are as important as the freedom of religion.

The Constitution needs to be protected but can only be safeguarded by
those in power. As citizens, we must pressure them to do so.

Three, innocent until proven guilty is a crucial principle of criminal
law. The outcome of some of the investigations going on could eventually become criminal matters. The hearings that are happening this week though
have more to do with Congressional oversight and, within the Executive branch,
the independence of the Justice Department and it is crucially important.

I don’t think your statement that if “we don’t stop our childish nonsense,
now, everything will be destroyed – for everyone” is accurate and not
hyperbolic. I would apply it toward the threat we are facing to the balance of power.
Our government and our freedoms require the delicate interplay of the
three branches of government to act as checks and balances on one another and
to uphold the rule of law. That, it seems to me, is what is most in jeopardy.

I’m not naïve about the way other administrations have pushed the
boundaries of their power. I do feel that we have reached a more dangerous point than ever before. I have never before felt that the United States could slide toward an autocratic form of government (I did not feel that fear under the Obama administration though I know some did.)

Bill, well said. We appreciate your comments and hope you’ll continue to visit and share your views. They help everyone think, and that’s a large part of what is missing today in America. Thanks again!

Todd Sherfinski

Along with reading the Book of Genesis, the Gospels, and the Book of Proverbs, Ecclesiastes, (as well as …), my prayer is that Americans also read Hans Christian Andersen.

Well, Kathy, if yours is a “ramble” it’s pretty doggone good. Thanks for sharing. Your input is great and we greatly appreciate your thoughts and taking the time to share here. Come back often, please.